In statistical thermodynamics the 2nd law is properly spelled out in terms of conditioned probabilities. As such it makes the statement, that `entropy increases with time' without preferring a time direction. In this paper we try to explain this statement---which is well known since the time of the Ehrenfests---in some detail within a systematic Bayesian approach.

Ethics, Policy & Environment, Volume 14, Issue 2, Page 247-250, June 2011.

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...) of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

This paper asks how Kant’s mature theory of freedom handles an objection pertaining to chance. This question is significant given that Kant raises this criticism against libertarianism in his early writings on freedom before coming to adopt a libertarian view of freedom in the Critical period. After motivating the problem of how Kant can hold that the free actions of human beings lack determining grounds while at the same maintain that these are not the result of ‘blind chance,’ I argue (...) that Kant’s Critical doctrine of transcendental idealism, while creating the conceptual space’ for libertarian freedom, is not intended to provide an answer to the problem of chance with respect to our free agency. I go on to show how the resources for a refutation of chance only come about in the practical philosophy. In the 2nd Critique, Kant famously argues for the reality of freedom on the basis of our consciousness of the moral law as the law of a free will. However, Kant also comes to build into his account of the will a genuine power of choice, which involves the capacity to deviate from the moral law. I conclude by showing that this apparent tension can be resolved by turning to his argument for the impossibility of a diabolical will. This involves a consideration of the distinct kind of grounding relationship that practical laws have to the human will, as well as the way that transcendental idealism makes this possible. (shrink)

This doctoral dissertation investigates the notion of physical necessity. Specifically, it studies whether it is possible to account for non-accidental regularities without the standard assumption of a pre-existent set of governing laws. Thus, it takes side with the so called deflationist accounts of laws of nature, like the humean or the antirealist. The specific aim is to complement such accounts by providing a missing explanation of the appearance of physical necessity. In order to provide an explanation, I recur to fields (...) that have not been appealed to so far in discussions about the metaphysics of laws. Namely, I recur to complex systems’ theory, and to the foundations of statistical mechanics. The explanation proposed is inspired by how complex systems’ theory has elucidated the way patterns emerge, and by the probabilistic explanations of the 2nd law of thermodynamics. More specifically, this thesis studies how some constraints that make no direct reference to the dynamics can be a sufficient condition for obtaining in the long run, with high probability, stable regular behavior. I hope to show how certain metaphysical accounts of laws might benefit from the insights achieved in these other fields. According to the proposal studied in this thesis, some regularities are not accidental not in virtue of an underlying physical necessity. The non-accidental character of certain regular behavior is only due to its overwhelming stability. Thus, from this point of view the goal becomes to explain the stability of temporal patterns without assuming a set of pre-existent guiding laws. It is argued that the stability can be the result of a process of convergence to simpler and stable regularities from a more complex lower level. According to this project, if successful, there would be no need to postulate a (mysterious) intermediate category between logical necessity and pure contingency. Similarly, there would be no need to postulate a (mysterious) set of pre-existent governing laws. Part I of the thesis motivates part II, mostly by arguing why further explanation of the notions of physical necessity and governing laws should be welcomed (chapter 1), and by studying the plausibility of a lawless fundamental level (chapters 2 and 3). Given so, part II develops the explanation of formation of simpler and stable behavior from a more complex underlying level. (shrink)

ABSTRACT: This paper traces the earliest development of the most basic principle of deduction, i.e. modus ponens (or Law of Detachment). ‘Aristotelian logic’, as it was taught from late antiquity until the 20th century, commonly included a short presentation of the argument forms modus (ponendo) ponens, modus (tollendo) tollens, modus ponendo tollens, and modus tollendo ponens. In late antiquity, arguments of these forms were generally classified as ‘hypothetical syllogisms’. However, Aristotle did not discuss such arguments, nor did he call any (...) arguments ‘hypothetical syllogisms’. The Stoic indemonstrables resemble the modus ponens/tollens arguments. But the Stoics never called them ‘hypothetical syllogisms’; nor did they describe them as ponendo ponens, etc. The tradition of the four argument forms and the classification of the arguments as hypothetical syllogisms hence need some explaining. In this paper, I offer some explanations by tracing the development of certain elements of Aristotle’s logic via the early Peripatetics to the logic of later antiquity. I consider the questions: How did the four argument forms arise? Why were there four of them? Why were arguments of these forms called ‘hypothetical syllogisms’? On what grounds were they considered valid? I argue that such arguments were neither part of Aristotle’s dialectic, nor simply the result of an adoption of elements of Stoic logic, but the outcome of a long, gradual development that begins with Aristotle’s logic as preserved in his Topics and Prior Analytics; and that, as a result, we have a Peripatetic logic of hypothetical inferences which is a far cry both from Stoic logic and from classical propositional logic, but which sports a number of interesting characteristics, some of which bear a cunning resemblance to some 20th century theories. (shrink)

: Regionalism is a key element in narratives pertaining to the rise of the formal Muslim law schools. It is generally believed that these legal schools were influenced by the customary practices of the prominent urban centers of the early 2nd/8th century. Such assumptions are rooted in the Muslim legal works themselves, which distinguish between the legal views of important regional centers. This article tests the purported regional associations of individual law schools by utilizing traditions pertaining to ritual law to (...) reconstruct the dominant practice of major Muslim cities of the early 2nd/8th century. In the process, it models a method for deriving historical information from newly datable legal source material. (shrink)

Hayek's reputation has gone through a remarkable cycle. An eminent exponent of the Austrian theory of business cycles in the 1930s, he was worsted in the controversy over Keynes' _Treatise on Money_. Following this defeat, Hayek retreated into capital theory, an esoteric branch of economics in which few economists then took an active interest. He gave up economics altogether after the war and turned to psychology, political philosophy, philosophy of law and the history of ideas. However, in 1974 he won (...) the Nobel Prize and returned to mainstream economics as a leading critic of Keynesianism and an advocate of free banking as the answer to inflation. Today Hayek reigns supreme as the kind of moral philosopher and political economist that economics has not seen since Adam Smith. Also forthcoming in this series is _Paul A. Samuelson, 2nd Series_. (shrink)

Bertrand’s elder brother, John Francis Stanley (Frank) Russell, who was the second Earl Russell for over 50 years, led a fascinating life as a politician, electrical engineer, author, traveller, businessman, barrister, law reformer, polemicist and pioneer motorist. Notorious in his lifetime for his sensational marital history, his prominence has waned since his death to the extent that he is remembered mainly as “the wicked earl” who was twice divorced and once imprisoned for bigamy. His achievements do not match those of (...) his brother, grandfather, third wife and other relatives, but his life merits examination in its own right as well for its familial links with leading figures in Britain’s political, cultural and intellectual history. (shrink)

The first and only jurisprudence textbook to put African ideas, authors, and texts into conversation with those from the Western tradition, now with revised and expanded discussions of especially natural law theory, legal realism, postmodernism, critical legal studies, critical race theory, feminism, and the philosophy of punishment, along with new lists of additional readings and of web resources. 430 pp.

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic (...) law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

This paper investigates Jaynes’ “unbelievably short proof” of the 2nd law of thermodynamics. It assesses published criticisms of the proof and concludes that these criticisms miss the mark by demanding results that either import expectations of a proof not consistent with an information-theoretic approach, or would require assumptions not employed in the proof itself, as it looks only to establish a weaker conclusion. Finally, a weakness in the proof is identified and illustrated. This weakness stems from the fact the Jaynes’ (...) assumption of unitary evolution is too strong given his perspective, rather than too weak to provide the desired results. (shrink)

A standard strategy for defending a claim of non-identity is one which invokes Leibniz’s Law. (1) Fa (2) ~Fb (3) (∀x)(∀y)(x=y ⊃ (∀P)(Px ⊃ Py)) (4) a=b ⊃ (Fa ⊃ Fb) (5) a≠b In Kalderon’s view, this basic strategy underlies both Moore’s Open Question Argument (OQA) as well as (a variant formulation of) Frege’s puzzle (FP). In the former case, the argument runs from the fact that some natural property—call it “F-ness”—has, but goodness lacks, the (2nd order) property of its (...) being an open question whether everything that instantiates it is good to the conclusion that goodness and F-ness are distinct. And in the latter case, the argument runs from the fact that that Hesperus has, but Phosphorus lacks, the property of being believed by the ancient astronomers to be visible in the evening sky to the conclusion that Hesperus and Phosphorus are distinct. Kalderon argues that both the OQA and FP fail because in neither case is there good reason to believe that both (1) and (2) are true. The reason we are tempted to believe that they are true is because we mistake de dicto claims for de re claims. In order for FP to go through, the truth of the following de re claims needs to be established: FP1) Hesperus was believed by the ancient astronomers to be visible in the evening sky. (shrink)

This article considers Hobbes’ contribution to the development of constitutionalist thought by contextualizing his treatment of the concepts of treason and fundamental law in De cive (1642, 2nd ed. 1647) and Leviathan (1651). While in Leviathan he adopts the controversial conception of treason as a violation of fundamental law that had been employed to convict Charles I of high treason in 1649, he draws on the original meaning of the term “fundamental law”, as outlined in the most influential early analysis (...) of Innocent Gentillet, to deny that fundamental laws can constrain the rights and powers of the sovereign. He bolsters this position by treating fundamental law as natural, not civil, law. While citizens commit treason when they violate the original covenant that establishes the sovereign, citizens cannot appeal to a human court for violations of fundamental law by the sovereign (who must render account for violations of natural law only to God). Hobbes’ ingenious reconceptualization of fundamental law, hence, shows that, when understood correctly, the theory of treason embraced by parliamentarians could never support the violent resistance against, and overthrow of, a monarch like Charles I. (shrink)

The first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The (...) theoretical part, consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes, accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics 2nd revised edition, edited by Fred D. Miller, Jr. and Carrie-Ann Biondi Volume 6 is the first of the Treatise’s historical volumes and is dedicated to the philosophers’ philosophy of law from ancient Greece to the 16th century. The volume thus begins with the dawning of legal philosophy in Greek and Roman philosophical thought and then covers the birth and development of European medieval legal philosophy, the influence of Judaism and the Islamic philosophers, the revival of Roman and Christian canon law, and the rise of scholastic philosophy in the late Middle Ages, which paved the way for early-modern Western legal philosophy. This second, revised edition comes with an entirely new chapter devoted to the later Scholastics and an epilogue on the legacy of ancient and medieval thought for modern legal philosophy, as well as with updated references and indexes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:176 Reviews c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM THE GRUNDGESETZE Nicholas Griffin Russell Research Centre / McMaster U. Hamilton, on, Canada l8s 4l6 [email protected] Gottlob Frege. Basic Laws of Arithmetic. Derived Using Concept-script. Volumes i and ii. Translated and edited by Philip A. Ebert and Marcus Rossberg with Crispin Wright. Oxford: Oxford U. P., 2013. Pp. xxxix + xxxii + 253 + xv + 285 + A–42 + (...) i–11. isbn 978-0-19-928174-9. £60; us$110. iven the steadily rising interest in Frege’s work since the 1950s, it is surprising that his Grundgesetze der Arithmetik, the work he thought would be the crowning achievement of his career, has not previously been fully translated into English. Other Frege works have long been available in English. The earlier Grundlagen der Arithmetik was nicely, if not always entirely accurately, translated by J. L. Austin and published in 1950.1 Translations of Frege’s other philosophical writings began to appear in influential editions about the same time,2 initially a small corpus that has been gradually added to over the years to include works from his Nachlass and letters from his correspondence.3 Somewhat later, the Begriffsschrift, Frege’s momentous first 1 The Foundations of Arithmetic (Oxford: Blackwell, 1950; 2nd edn. 1953). The later translation under the same title by Dale Jacquette (London: Longman, 2007) is much less satisfactory. 2 The first importance source for these was Peter Geach and Max Black’s Translations from the Philosophical Writing of Gottlob Frege (1952; 2nd edn. 1960; 3rd edn. 1980), though it included reprints of some much earlier translations. 3 The two most comprehensive English sources for the shorter writings are now Brian d= Reviews 177 c:\users\ken\documents\type3402\rj 3402 050 red.docx 2015-02-04 9:19 PM contribution to modern logic, the work which Quine 4 said had made logic a great subject, was translated in full despite the difficulties of Fregean notation.5 But through all this the Grundgesetze remained largely (though not entirely ) untranslated. The view seems, for a long time, to have been that Frege’s contributions to logic were to be found in the Begriffsschrift and his contributions to philosophy in the Grundlagen and a small number of seminal articles. The Grundgesetze, on the other hand, was widely thought not to have added much to these magni ficent achievements, but to have employed them in a project that was doomed by the discovery of Russell’s paradox; namely, the attempt to show that arithmetic could be rigorously derived from purely logical principles. In the bleak aftermath of Russell’s paradox it came to seem as if whatever was of value in the Grundgesetze had already been published elsewhere, while what was new in it was mistaken.6 That assessment of the book’s value, combined with the huge difficulties of typesetting Frege’s idiosyncratic two-dimensional notation, and the sheer scale of the work (even without the anticipated third volume, which was abandoned in the face of Russell’s paradox, it was, by far, Frege’s largest work) made it seem as though a translation of the whole Grundgesetze was not only a prohibitively large undertaking, but also one which was not really necessary. And so, through much of the twentieth century, the Grundgesetze vied with Principia Mathematica as the world’s bestknown but least-read philosophical book. But this understanding of the Grundgesetze’s importance could not withstand the development of neo-logicism, brought to prominence by Crispin Wright’s Frege’s Conception of Numbers as Objects.7 The key insight of neoMcGuinness, ed., Frege, Collected Papers on Mathematics, Logic, and Philosophy (1984); and Michael Beaney, ed., The Frege Reader (1997). 4 At least in early editions of Mathematical Logic. The remark was removed in later ones in deference to Boole. 5 By Stefan Bauer-Mengelberg in Jean van Heijenoort, ed., From Frege to Gödel (1967), pp. 5–82. 6 Not surprisingly the one part of the Grundgesetze which has appeared most frequently in translation is the “Nachwort” responding to Russell’s paradox which Frege added as the book was in press. Geach... (shrink)

This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why doesn't the problem (...) of evil provide equally good grounds for dismissing belief in a good god? I develop this evil-god challenge in detail, anticipate several replies, and correct errors made in earlier discussions of the problem of good. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have not (...) obtained. Second, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would prevent _F_ from obtaining. These two explanations have distinct upshots for more traditional debates over freedom. The first implies that causal determinism is incompatible with the ability to do otherwise and also raises questions about the traditional arguments for the incompatibility of divine foreknowledge and the ability to do otherwise; the second does neither. However, both explanations imply that the Molinist account of divine providence renders agents unable to do otherwise, at least in certain circumstances. (shrink)